Privacy Policy

 

1. TABLE OF CONTENTS

1. Overview

2. Contact Us

3. What We Collect And Process

4. How and Why We Use Your Personal Information

5. Sharing Your Personal Information

6. Protecting Your Personal Information

7. Retention of Personal Information

8. Your Choices

9. Cookies and Related Technologies

10. Social Media

11. Links to Other Websites

12. Children

13. Regional Provisions

1. OVERVIEW

 

Effective Date: December 1, 2020

This Privacy Policy (“Policy”) describes how we, Tabu LLC (“TABU”), collect and process personal information when you interact with us, including through our website www.tabuart.com and online platform/marketplace (collectively referred to as our “Website and Services”). TABU is an online global marketplace that enables users to create, buy and collect verifiable rare art. Your use of our Website and Services is subject to this Policy and the Terms of Service, By using our Website and Services, you acknowledge that you have read and understand this Policy and that you agree to its contents.

We will occasionally update this Policy. When we do, we will revise the effective date above. Your continued use of our Website and Services after such changes means you accept the Policy as revised. We encourage you to periodically review this Policy to stay informed about how we collect and process your personal information.

2. CONTACT US

TABU welcomes your questions and comments regarding this Policy. You may contact us via:

   • Mail: TABU LLC, 30 N Gould St., Ste. R, Sherridan, Wyoming 32801

   • Email: Support@tabuart.com

   • Telephone: Call us at (202) 681-7009

3. WHAT WE COLLECT AND PROCESS

What personal information we collect and process depends on how and why you interact with us.

Personal Information You Provide Us

Account User: When you set up an account to use our Website and Services, we typically collect the following information:

• Your name, user ID, e-mail address, age, mailing address, and phone number;

• Community discussions, chats, dispute resolution, correspondence through our Website, and correspondence sent to us;

• Marketing information, such your preferences for receiving marketing communications and details about how you engage with marketing communications;

• Information we ask you to submit to authenticate yourself, or if we believe you are violating site policies (for example, we may ask you to send us a government issued ID or bill to verify your address or to answer additional questions online to help verify your identity or ownership of an item you list, or your mobile phone number for two-factor authentication purposes); and

 • Any information you send us via our website, including information you provide through the “Contact Us” section or through online chat features and forms.

Buyer: When purchasing an art work, a product or a subscription, we will collect your payment details (e.g., credit card number, expiration date, etc.). This information is collected by one of our payment processors (e.g., Stripe). We do not hold on to this information other than your name and email address, if you provide them with that information.

Seller: When you sell art through our Website and Services, we may also collect the following information:

 • Information necessary for us to remit payments, such as financial account transactional information;

 • Your activities on the Website and Services as a seller (such as the item and content you generate or that relates to your account);

 • CVs, biographies, list of exhibitions;

 • Ownership verification information (e.g., copyright information);

 • Signatures to be included in the art work certificate; and

 • Other personal or demographic information you choose to submit to us.

Personal Information We Collect From Third Parties

We may collect information about buyers from, or on behalf of, our sellers. The sellers determine the scope of the information we collect on their behalf, that they transfer to us, or that we otherwise collect, and the information we receive may vary by seller. Typically, the information we collect about individuals from or on behalf of our sellers includes:

• Your contact information (such as your name, user ID, email-address, and shipping, billing and other information you provide to purchase an item or receive delivery of an item;

• Transactional information based on your activities on the Website as a buyer (such as item and content you purchase);

• Payment information, such as credit card number; and

• Other personal information that our sellers may provide about you.

We may collect contact information from our vendors when sellers set up a crypto wallet. For buyers and sellers, we may collect information from our vendors who help us with identification verification (e.g., type of government-issued ID card). In verifying your identity for account verification purposes, TABU does not retain a copy of any sensitive personal information or biometric information (any such information, if collected at all, is collected/handled solely by our vendors).

Personal Information We Collect Automatically

We collect information automatically when you browse and use our Website and Services, some of which could be considered personal information (“Session Data”). Session Data we automatically collect includes:

• your IP address,

• browser type,

• domain names,

• access times,

• referring website addresses,

• computer or mobile device operating system type and version number,

• manufacturer and model,

• device identifier (such as the Google Advertising ID, Apple ID for advertising, ID for advertising, Heap ID for advertising),

• screen resolution,

• the website you visited before browsing to our Website,

• general location information such as city, state or geographic area; and

• information about your use of and actions on our Websites, such as pages you viewed, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and length of access.

We use Session Data to administer, operate, improve our Website and Services, and in some cases advertising. Some of this information is collected and processed by service providers and business partners on our behalf. This information is collected using cookies and similar technologies. The process by which we collect this information is through cookies related online technologies. See our “Cookies and Related Technologies” section below for more information.

4. HOW AND WHY WE USE YOUR PERSONAL INFORMATION?

TABU collects and uses your personal information to:

• Provide, operate, customize and improve our Website and Services, and our social media sites;

• Provide marketing and advertisements, and to customize the advertising and content that is presented to you on our Website;

• Inform you of other products or services available from TABU and its affiliates;

• Allow you to participate in our contests, and to administer those contests;

• Monitor your compliance with any of your agreements with us;

• Administer our provision of, and your payment for, products or Services you purchase;

• Provide newsletters, electronic messages and information you request from us, including information regarding our products and services or third party products and services;

• Manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition or merger;

• Protect us, yourself and others from fraud and error and to safeguard our business interests;

• Collect debts owed to us;

• Comply with legal and regulatory requirements; and

• Achieve purposes for which we provide you notice at the time of collection.

From time to time, TABU may contact you via email for the purpose of providing announcements, promotional offers, marketing updates, product notifications, snap art notifications, trade notifications, information about new artists or new artwork releases, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from TABU or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from TABU, you may opt out of such communications by clicking the unsubscribe button in the email or you can control the communications you receive from us through your Account Preferences.

5. SHARING YOUR PERSONAL INFORMATION

We may share personal information with the following categories of parties and as otherwise described in this Policy or at the time of collection:

• If you are a buyer, with sellers name with your consent or at your direction;

• With our wholly owned or affiliated entities for the purposes described in this Policy;

• With our service providers who help us perform and deliver our services, including: website management, hosting, and analytics; communications; form processing; information technology and security; advertising and sponsorships; and auditing;

• With the appropriate authorities if we believe disclosure is necessary to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk;

• With legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a network partner to comply with applicable laws; and

• With necessary third parties in connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where personal information is transferred or shared as part of the business assets.

TABU does not sell (as the term is commonly understood), rent or lease its customer lists to third parties. 

 

6. PROTECTING YOUR PERSONAL INFORMATION

We use administrative, organizational, technical, and physical safeguards to protect the personal information we collect and process. Our security controls are designed to maintain data confidentiality and integrity, and give us appropriate access to your data. Among other things, we and/or our professional third party service providers use industry-standard measures to protect the security of the personal information we collect, such as SSL (Secure Socket Layers), identity verification, two-factor authentication, firewalls, digital certificates, and encryption.

However, no one can guarantee your personal information is completely secure at all times. While we strive to protect your personal information, there are security and privacy limitations inherent to the Internet which are beyond our control, and security, integrity, and privacy of any and all information and data exchanged between you and us through our Website and Services cannot be guaranteed.

 

7. RETENTION OF PERSONAL INFORMATION

TABU will retain your personal information for as long as necessary for the purposes set out in this Policy, for as long as your account is active (i.e., for the lifetime of your TABU account), or as needed to carry out the Services to you for which we collected it. This includes the purposes of satisfying any accounting, legal, or reporting requirements. If you no longer want TABU to use your information to provide the Services to you, you may close your account. In addition, TABU Sellers/Creators may also be required to retain and use your information in order to comply with their own legal obligations. Most Session Data is deleted within 90 days of collection.

 

In order to determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements obligated to retain them for longer time periods. When we no longer require the personal information we have otherwise collected about you, we will dissociate such information from the information attached to your content. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you for site safety and security, to improve site functionality, or if we are legally obligated to retain them for longer time periods.

8. YOUR CHOICES

Accessing, Editing, and Deleting Your Personal Information

TABU gives you the choice of accessing, editing, or deleting certain information we keep about you, as well as choices about how we contact you. You may change or correct your TABU account information through your account settings or by contacting us at support@tabuart.com. You may also hide certain optional information that you no longer wish to be publicly visible through the Website and Services, such as your name. You can also request to permanently close your account and delete your personal information. Upon your request, we will close your account and remove your personal information from view, based on your account activity and in accordance with applicable law. We may need to retain some personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and take other actions otherwise permitted by law.

Withdrawing Consent and Opting Out of Certain Processing

Where processing of your personal information is based only on your consent, you can withdraw your consent at any time by contacting us at support@tabuart.com. Where the collection and processing of your personal information is necessary to complete a transaction and/or provide our Website or Services, we may not be able to honor your request. Otherwise, you are free not to use our Website and Services.

Opting Out of Advertising / Marketing

Some of our partners that collect information about users’ activities on our Website and Services may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of advertising.

Users may opt out of receiving advertising on websites through members of the Network Advertising Initiative by clicking here: www.networkadvertising.org/choices, or the Digital Advertising Alliance by clicking here: www.aboutads.info/choices. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here: https://www.youronlinechoices.eu/. Mobile app users may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here: https://www.youradchoices.com/appchoices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed. In addition, your mobile device settings may provide to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID, Apple ID for Advertising, Mixpanel ID for advertising, or Heap ID for advertising associated with your mobile device.

Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.

If you need further assistance or have any questions, you can contact us at support@tabuart.com.

9. COOKIES AND RELATED TECHNOLOGIES

TABU and some of our third parties use "cookies" and related online technologies like pixels, tags and web beacons to provide you with a better more personalized online experience. These technologies collect Session Data (as explained above) to customize your website, mobile application or social media site experience. We also use the information these technologies provide to help improve our Website and Services, and to provide our visitors with a better experience.

Even without accepting a cookie you can still access many of the features on the Website. There may, however, be limitations on your use of some Website functions. You have the ability to accept or decline cookies. You can usually change your browser to prevent or notify you whenever you are sent a cookie. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” menus). Many browsers are set to accept cookies until you change your settings. For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

Our Website and Services use the following types of cookies for the purposes set out below:

• Essential Cookies - These cookies are essential to provide you with services available through our Website and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

• These cookies allow our Websites to remember choices you make when you use our Websites. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our Website.

• These cookies collect information about traffic to our Websites and about how individuals use our Websites. We use this information to help operate our Website more efficiently, to gather broad demographic information, monitor the level of activity on and in our Website, and to improve the Website. New Relic for this purpose. These parties use their own cookies. You can learn more about how those cookies work by visiting “ "How Google Uses Data When You Use Our Partners' sites or Apps," Mixpanel's Privacy Policy as well as Heap's Privacy Policy

• New Relic Performance Cookies - help us make the Website perform better for you. You can find out more about New Relic’s services here: https://newrelic.com/, and its privacy practices here: https://newrelic.com/termsandconditions/privacy.

• Facebook Pixel Cookies - help us measure the return on investment of our Facebook Ads. Facebook, Inc. may use the collected data as indicated in their privacy policy.

• Social Media Cookies - These cookies are used when you share information using a social media sharing button or “like” (or similar) button on our Website or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this. Social networks use their own cookies.

• Stripe Cookies - are used to provide Stripe Checkout service.

• Targeted and Advertising Cookies - These cookies track your browsing habits to enable us and third-party advertising networks to deliver ads that may be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests or browsing behavior. Based on the cookies that the third-party advertising network sets on our Website and other sites, advertisers can display advertisements that may be relevant to your interests on our Website and while you are on third party websites. You can choose to disable cookies, as described above, or to opt out of the use of your browsing behavior for purposes of targeted advertising.

Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. Currently, we do not respond to “do not track signals.” To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

10. SOCIAL MEDIA

We may offer single sign-on services that allow you to use third-party login credentials to sign into our Website and/or Services, such as Facebook and Google. With your permission, TABU may also collect profile information contained in your third-party profile. We may also maintain pages for TABU and our products on a variety of third-party platforms. These third parties also receive information from our Website or elsewhere on the internet and may use that information to recognize you and provide measurement services, targeted ads, or other services as described elsewhere in their online policies (Facebook’s Policy) ; and here for (Google’s Policy) ; and here for (Mixpanel’s Policy); and here for (Heap’s Policy). As with linked sites, we have no control over the information that is collected, stored, or used by these third parties. To opt-out of the collection and use of this information, you can visit those policies for more information, visit http://www.aboutads.info/choices, or your device’s limit tracking settings. On our end, if you wish to discontinue such sharing, please refer to your account settings in TABU.

11. LINKS TO OTHER WEBSITES

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Website and to read the privacy statements of any other site that collects personally identifiable information.

12. CHILDREN

Children are not permitted to use our Services, as the Website is not intended for the use by anyone under the age of 18. TABU does not knowingly collect personal information from users who are considered children under 16 years of age.

 

13. REGIONAL PROVISIONS

European Users If you are using our Website or Services while in the European Economic Area, please refer to the additional information provided for you in our separate privacy notice under the General Data Protection Regulation GDPR).